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Directors’ liability in the event of refusal to pay: when is a director personally liable?

A director may be personally liable if he causes, or permits, a company to fail to pay a debt, whilst he should have seriously considered the likelihood that that debt would have to be settled in the near future. This applies not only to clear-cut ‘walk-away’ schemes, but also, for example, where a director allows […]

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EU’s 20th Sanctions Package Against Russia

The Council of the European Union has now adopted its 20th sanctions package against Russia, continuing the EU’s steady shift from economic restrictions to more targeted tools aimed at anti-circumvention and legal protection for EU operators. As with earlier packages, the stated objective is twofold: to increase pressure on revenue critical and war supporting sectors, […]

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A 50/50 shareholder dispute: how does a procedure at the Netherlands Enterprise Court look like and what can the court decide?

In a 50/50 shareholder arrangement, a conflict can quickly lead to a management deadlock: no further decisions can be taken, whilst the company must continue to operate. As the parties cannot reach an agreement, they often turn to the courts. Since the entry into force of the Act amending the dispute resolution scheme and clarifying the admissibility requirements for the […]

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